The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014

THE FIRST SCHEDULE

(See section 21)

PLAN FOR STREET VENDING

(1) The plan for street vending shall,—

(a) ensure that all existing street vendors identified in the survey, subject to a norm conforming to

 two and half per cent. of the population of the ward, zone, town or city, as the case may be, are

accommodated in the plan for street vending;

(b) ensure the right of commuters to move freely and use the roads without any impediment;

(c) ensure that the provision of space or area for street vending is reasonable and consistent with

existing natural markets;

(d) take into account the civic facilities for appropriate use of identified spaces or areas as

vending zones;

(e) promote convenient, efficient and cost effective distribution of goods and provision of

services;

(f) such other matters as may be specified in the scheme to give effect to the plan for street

vending.

(2) The plan for street vending shall contain all of the following matters, namely:—

(a) determination of spatial planning norms for street vending;

(b) earmarking of space or area for vending zones;

(c) determination of vending zones as restriction-free-vending zones, restricted vending zones and

no-vending zones;

(d) making of spatial plans conducive and adequate for the prevalent number of street vendors in

that city or town and also for the future growth, by adopting such norms as may be necessary;

(e) consequential changes needed in the existing master plan, development plan, zonal plan,

layout plan and any other plan for accommodating street vendors in the designated vending zones.

(3) Declaration of no-vending zone shall be carried out by the plan for street vending, subject to the

following principles, namely:—

(a) any existing market, or a natural market as identified under the survey shall not be declared as

a no-vending zone;

(b) declaration of no-vending zone shall be done in a manner which displace sthe minimum

percentage of street vendors;

(c) overcrowding of any place shall not be a basis for declaring any area as a no-vending zone

provided that restrictions may be placed on issuing certificate of vending in such areas to persons not

identified as street vendors in the survey;

(d) sanitary concerns shall not be the basis for declaring any area as a no-vending zone unless

such concerns can be solely attributed to street vendors and cannot be resolved through appropriate

civic action by the local authority;

(e) till such time as the survey has not been carried out and the plan for street vending has not

been formulated, no zone shall be declared as a no-vending zone.

THE SECOND SCHEDULE

(See section 38)

Matters to be provided in the Scheme for Street Vendors framed by the appropriate Government:—

(a) the manner of conducting survey;

(b) the period within which certificate of vending shall be issued to the street vendors identified

under the survey;

(c) the terms and conditions subject to which certificate of vending may be issued to a street

vendor including to those persons who wish to carry on street vending during the intervening period

of two surveys;

(d) the form and the manner in which the certificate of vending may be issued to a street vendor;

(e) the form and manner of issuing identity cards to street vendors;

(f) the criteria for issuing certificate of vending to street vendors;

(g) the vending fees to be paid on the basis of category of street vending, which may be different

for different cities;

(h) the manner of collecting, through banks, counters of local authority and counters of Town

Vending Committee, vending fees, maintenance charges and penalties for registration, use of parking

space for mobile stalls and availing of civic services;

(i) the period of validity of certificate of vending;

(j) the period for which and the manner in which a certificate of vending may be renewed and the

fees for such renewal;

(k) the manner in which the certificate of vending may be suspended or cancelled;

(l) the categories of street vendors other than stationery vendors and mobile vendors;

(m) the other categories of persons for preference for issue of certificate of vending;

(n) the public purpose for which a street vendor may be relocated and the manner of relocating

street vendor;

(o) the manner of evicting a street vendor;

(p) the manner of giving notice for eviction of a street vendor;

(q) the manner of evicting a street vendor physically on failure to evict;

(r) the manner of seizure of goods by the local authority, including preparation and issue of list of

goods seized;

(s) the manner of reclaiming seized goods by the street vendor and the fees for the same;

(t) the form and the manner for carrying out social audit of the activities of Town Vending

Committee;

(u) the conditions under which private places may be designated as restriction free-vending zones,

restricted-vending zones and no-vending zones;

(v) the terms and conditions for street vending including norms to be observed for up keeping

public health and hygiene;

(w) the designation of State Nodal Officer for co-ordination of all matters relating to street

vending at the state level;

(x) the manner of maintenance of proper records and other documents by the Town Vending

Committee, local authority, planning authority and State Nodal Officer in respect of street vendors;

(y) the manner of carrying out vending activities on time-sharing basis;

(z) the principles for determination of vending zones as restriction-free-vending zones,

restricted-vending zones and no-vending zones;

(za) the principles for determining holding capacity of vending zones and the manner of

undertaking comprehensive census and survey;

(zb) principles of relocation subject to the following:

(i) relocation should be avoided as far as possible, unless there is clear and urgent need for

the land in question;

(ii) affected vendors or their representatives shall be involved in planning and implementation

of the rehabilitation project;

(iii) affected vendors shall be relocated so as to improve their livelihoods and standards of

living or at least to restore them, in real terms to pre-evicted levels;

(iv) livelihood opportunities created by new infrastructure development projects shall

accommodate the displaced vendors so that they can make use of the livelihood opportunities

created by the new infrastructure;

(v) loss of assets shall be avoided and in case of any loss, it shall be compensated;

(vi) any transfer of title or other interest in land shall not affect the rights of street vendors on

such land, and any relocation consequent upon such a transfer shall be done in accordance with

the provisions of this Act;

(vii) state machinery shall take comprehensive measures to check and control the practice of

forced evictions;

(viii) natural markets where street vendors have conducted business for over fifty years shall

be declared as heritage markets, and the street vendors in such markets shall not be relocated;

(zc) any other matter which may be included in the scheme for carrying out the purposes of this

Act.